Loading...
HomeMy WebLinkAbout2020-06-15-I01C 051420_BOA Minutes AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 15, 2020 AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of 05/14/2020 meeting FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from their meeting held on May 14, 2020, for the City Council to receive and file of record. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: ATTACHMENTS: I. 05/14/2020 Board of Adjustment Minutes PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1C MINUTES OF THE MAY 14th, 2020 BOARD OF ADJUSTMENT MEETING Call to Order. The May 14th, 2020 Board of Adjustment meeting was called to order at 5:30 P.M. by Chairman Garcia. Roll Call. The following Board Members were present: Breckenridge, Meyers, Garcia and Bisgard. Board Member Drees was absent. City Staff in attendance: Melissa DeBoer, Andy Kass, and Kathryn Purvis. Agenda Approval. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the agenda for May 14th, 2020. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. Approve the May 23rd, 2019 Board of Adjustment Minutes. Board Member Breckenridge made a motion, seconded by Board Member Bisgard, to approve the Board of Adjustment meeting minutes for May 23rd, 2019. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. Election of Chairman and Vice Chairman for 2020 A motion by Board member Bisgard and a second by Board member meyers were made to elect Board Member Garcia as continuing the role of Chairman, and Board member Breckenridge as continuing the role of Vice Chairman. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. Application for 920 8th Street (Lot 52, Clayton Estates Plat 2) – Variance from §165.14(3) of the Waukee Municipal Code to allow a 6 foot tall fence to be placed within the required 20 foot secondary front yard setback. City Planner, Melissa DeBoer, introduced the request as submitted by the applicants and homeowners, Louis and Julie Smothers. The request, if approved, would allow the applicants to install a 6 foot tall wooden privacy fence within the required secondary front yard setback along Waukee Avenue. A notice of the proposed variance request was mailed to surrounding property owners within a 310 foot radius on Tuesday, May 5th, 2020. To date, staff has not received any correspondence for or against the variance. Mrs. DeBoer advised that the applicants have noted that there are several other corner lots in their neighborhood that have 6 feet tall fences placed within the required setback. The applicants have also noted that the restriction cuts off a large part of their backyard limiting their children’s play area. The applicants have noted that the location of the fence will not limit visibility from any street traffic as the fence is not near the intersection. Mrs. DeBoer advised that staff does not make recommendations on variances, but went over the following factors for the Board to consider in making their decision: the six foot tall fence would be located within the secondary front yard along Waukee Avenue, a six-foot tall fence is allowed to be installed on the property if it meets the required 20-foot setback, a four-foot fence could be installed within the required building setback all the way up to the property line, and fences taller than four-feet in height are prohibited within front yard setback areas for safety purposes to ensure that drivers and pedestrians can see on-coming traffic and pedestrians.  Board Member Breckenridge questioned if other fences have been approved for a variance in this development. Mrs. DeBoer clarified that there were no previous variances within the development.  Board Member Breckenridge advised that he would have a hard time allowing a six foot fence all the way to the sidewalk. Board member Bisgard shared his hesitation.  Homeowner, Louis Smothers, advised that no one had responded as being against the fence as proposed, and that the restriction takes away a large portion of the yard. Board Member Bisgard advised that if they were to use a 4 foot fence, they could regain that area.  Board Member Garcia advised that if the board were to allow it in a new area such as this, then a precedent is set.  Mr. Smothers advised that there are other streets that have fences all the way to the sidewalk. He would be willing to make adjustments and proposed staying 5 feet off of the sidewalk. Senior City Planner, Andy Kass, advised that in some of the older parts of town there are instances of being approved under an old code or not having a permit at construction.  Board Member Breckenridge agreed that he did not like setting a precedent for an entire new neighborhood. It’s unlike some of the previous cases that had multiple busy streets bordering the property where some sort of separation was needed.  Board Member Meyers advised that he is concerned with the visibility of drivers and pedestrians as well as setting a precedent.  Mr. Kass questioned the Board if they would consider Mr. Smothers suggestion to remain five feet off of the property line. Board Member Breckenridge advised he would only approve a minimum of 10 feet off the property line. 1 foot to 5 foot isn’t much of a difference. Mr. Smothers agreed to the 10 foot off the property line minimum or entire way at 4 feet.  Mr. Kass specified that the variance only needs to stipulate the variation for the 6 foot fence. A variance is not required to place a 4 foot fence in the set back. Board member Breckenridge moved to approve the Variance from section 165.14(3) of the Waukee Municipal Code to allow a 6 foot tall fence within the required 20 foot secondary front yard setback with the stipulation that it must stop 10 feet from the property line. Board member Bisgard seconded the motion. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. New Business Senior planner Andy Kass advised that a next date needs to be set as there are other variance requests. A tentative date of June 18th, 2020 was set. Adjournment Board member Garcia moved to adjourn the meeting. The motion was seconded by board member Breckenridge. Ayes: Breckenridge, Meyers, Garcia and Bisgard. Nays: None. Motion carried. The May 14th, 2020 Board of Adjustment Meeting was adjourned at 6:30 PM. _____________________________________ Juan Garcia, Chairman Attest: _____________________________________ Andy Kass, Senior City Planner